By Oliveira                                     H.B. No. 2293

      75R8232 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the listing on an ad valorem tax appraisal roll of

 1-3     certain possessory interests in exempt property.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 25.07(b), Tax Code, is amended to read as

 1-6     follows:

 1-7           (b)  Except as provided by Subsections (b) and (c) of Section

 1-8     11.11 of this code, a leasehold or other possessory interest in

 1-9     exempt property may not be listed if:

1-10                 (1)  the property is permanent university fund land;

1-11                 (2)  the property is county public school fund

1-12     agricultural land;

1-13                 (3)  the property is a part of a public transportation

1-14     facility owned by an incorporated city or town and:

1-15                       (A)  is an airport passenger terminal building or

1-16     a building used primarily for the maintenance of aircraft or other

1-17     aircraft services, for aircraft equipment storage, or for air

1-18     cargo;

1-19                       (B)  is an airport fueling system facility;

1-20                       (C)  is in a foreign-trade zone:

1-21                             (i)  that has been granted to a joint

1-22     airport board under Chapter 129, Acts of the 65th Legislature,

1-23     Regular Session, 1977 (Article 1446.8, Vernon's Texas Civil

1-24     Statutes);

 2-1                             (ii)  the area of which in the portion of

 2-2     the zone located in the airport operated by the joint airport board

 2-3     does not exceed 2,500 acres; and

 2-4                             (iii)  that is established and operating

 2-5     pursuant to federal law; or

 2-6                       (D)(i)  is in a foreign trade zone established

 2-7     pursuant to federal law after June 1, 1991, which operates pursuant

 2-8     to federal law;

 2-9                             (ii)  is contiguous to or has access via a

2-10     taxiway to an airport located in two counties, one of which has a

2-11     population of 500,000 or more according to the federal decennial

2-12     census most recently preceding the establishment of the foreign

2-13     trade zone; and

2-14                             (iii)  is owned, directly or through a

2-15     corporation organized under the Development Corporation Act of 1979

2-16     (Article 5190.6, Vernon's Texas Civil Statutes), by the same

2-17     incorporated city or town which owns the airport;

2-18                 (4)  the interest is in a part of a park, market,

2-19     fairground, or similar public facility that is owned by an

2-20     incorporated city or town;

2-21                 (5)  the interest involves only the right to use the

2-22     property for grazing or other agricultural purposes; [or]

2-23                 (6)  the property is owned by the Texas National

2-24     Research Laboratory Commission or by a corporation formed by the

2-25     Texas National Research Laboratory Commission under Section

2-26     465.008(g), Government Code, and is used or is useful in connection

2-27     with an eligible undertaking as defined by Section 465.021,

 3-1     Government Code; or

 3-2                 (7)  the property is owned by an incorporated city or

 3-3     town, a public port, or a navigation district created under Article

 3-4     XVI, Section 59, of the Texas Constitution, or under a statute

 3-5     enacted under Article XVI, Section 59, of the Texas Constitution,

 3-6     and is used as a facility or aid incidental or useful in the

 3-7     operation or development of a port or waterway or in aid of

 3-8     navigation-related commerce.

 3-9           SECTION 2.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency and an imperative public necessity that the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended,

3-14     and that this Act take effect and be in force from and after its

3-15     passage, and it is so enacted.